In the last twenty years the legal recognition of same-sex relationships in Europe has undergone significant changes, both on a national and European level. By now, more than half of the Member States of the European Union have introduced legislation on the formalisation of same-sex relationships; most of them have provided for registered partnerships and some allow homosexual couples to enter into marriage. This book provides the reader with an updated overview of registration schemes and same-sex marriages in Europe. It also comments on the legal aspects of same-sex couples and their children, including surrogate motherhood, in different European jurisdictions and addresses cross-border and European issues.

Legal Recognition of Same-Sex Relationships in Europe: National, cross-border and European perspectives (32) (European Family Law)

Boele-Woelki, Katharina

Fuchs, Angelika

Foreign & International Law

Intersentia

This book contains the Principles of European Family Law regarding Property Relations between Spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participation in acquisitions and the community of acquisitions.

Principles of European Family Law Regarding Property Relations Between Spouses (33)

Lowe, Nigel

Ferrand, Frédérique

Jänterä-Jareborg, Maarit

Martiny, Dieter

Pintens, Walter

González-Beilfuss, Cristina

A book series dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe. The books are published in English, French or German under the auspices of the Organising Committee of the Commission on European Family Law (CEFL). In many jurisdictions registered partnerships were introduced either as a functional equivalent to marriage for same-sex couples or as an alternative to marriage open to all couples. But now that marriage is opened up to same-sex couples in an increasing number of jurisdictions, is there a role and a need for another form of formalised adult relationship besides marriage? In this book, leading family law experts from 15 European and non-European countries explore the history and function of registered partnership in their own jurisdictions. Further chapters look at the impact of the European Convention on Human Rights and European Union Law on the regulation of registered partnerships. In the concluding chapters the different approaches are analysed and compared. This book provides the foundation for an informed discussion not only on changes to the implementation of registered partnership schemes, but also more generally for reviewing the law concerning the recognition of adult relationships. About the editors: Dr Dr Jens M. Scherpe is a Reader at the University of Cambridge and Cheng Yu Tung Visiting Professor at the University of Hong Kong Dr Andy Hayward is a Lecturer in Family Law at Durham Law School, Durham University (Series: European Family Law, Vol. 44) [Subject: Family Law, European Law]

The Future of Registered Partnerships: Family Recognition Beyond Marriage? (44) (European Family Law)

Administrative Law

The CEFL has developed a comprehensive and original set of rules which may be a source of inspiration for legislating the rights and duties of couples who have not formalised their relationship. In their provisions on specific issues, the Principles opt for workable solutions which aim to avoid unnecessary hardship and disputes.

Principles of European Family Law (46)

Todorova, Velina

This book examines the legal and societal challenges facing ageing nations in Europe. With a focus on informal care, it poses the question of how, in light of historical and socio-demographic changes, we can take care of our elderly.

Elderly Care and Upwards Solidarity: Historical, Sociological and Legal Perspectives (48) (European Family Law)

Legal Theory & Systems

This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law.

The Interaction between Family Law, Succession Law and Private International Law: Adapting to Change (50) (European Family Law)

Based on national reports by family law experts from more than 20 European jurisdictions, The Principles of European Family Law Revisited provides an insight into recent developments in family law in Europe in the areas of divorce, maintenance between former spouses, parental responsibilities, property relations between spouses and de facto unions. This book presents a comparative analysis between these developments and the five sets of Principles that the Commission of European Family Law has established in these areas over the last 20 years. The Principles of European Family Law Revisited contains a wealth of information for comparative family lawyers in academia or practice, with the comparative charts in particular providing a useful reference for comparative research. Additionally, in a move that marks a historical first in legal publishing, this book reproduces all the CEFL Principles in one collective volume.

The Principles of European Family Law Revisited

Business

Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfil in order to be accepted as the law governing a cross-border relationship deserve clarification. Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws. In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.

Unifying and Harmonising Substantive Law and the Role of Conflict of Laws (Pocketbooks of the Hague Academy of International Law)

Martinus Nijhoff

Author Katharina Boele-Woelki reports on her many years of teaching comparative law. This volume is addressed to (young) academics teaching comparative law and to all those interested in the questions of what, when, who, why and how. Three aspects need to be considered. In terms of the subject matter, the challenge is to focus either on the history and use of comparative law, on introductions to different legal systems, on teaching a particular area of law from a comparative perspective, or on comparative methodology. The latter should always be included, since it is only by knowing how to compare that a course in comparative law can develop its potential with lasting impact on students' future careers as legal scholars, lawyers or decision-makers. The expertise of the lecturer, the time available and the target group determine the environment which requires forethought and a flexible approach to course content and teaching format. With regard to the way in which comparative law is taught, four different methods are explained, based on the motto "learning by doing": explaining one's own jurisdiction to fellow-students, comparing on the basis of pre-selected material, comparing of comparative legal studies carried out by others and, finally, undertaking a comparative legal study by the students themselves. &nbsp; About the author:Katharina Boele-Woelki is Chair of the Commission on European Family Law and a member of the Curatorium of the Hague Academy of International Law. She was Professor of Private International Law, Comparative Law and Family Law at the University of Utrecht from 1995 to 2015, President of Bucerius Law School, Hamburg, from 2015 to 2023, Claussen-Simon Foundation Professor of Comparative Law at the same institution and President of the International Academy of Comparative Law from 2014 to 2022. &nbsp; About the <a href="https://www.elevenpub.com/en/productgroep/101-155_Maastricht-Law-Series">Maastricht Law Series</a>:Created in 2018 by Boom Juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed bookseries that allows researchers an excellent opportunity to showcase their work. &nbsp;

Teaching Comparative Law: Experiences and Reflections (32) (Maastricht Law Series)

Specialties

Eleven International Publishing

Three years after its establishment the CEFL presents its first Principles of European Family Law in the field of divorce and maintenance between former spouses. The Principles aim to bestow the most suitable means for the harmonisation of family laws in Europe. In this respect they may serve as a frame of reference for national, European and international legislatures alike. The Principles could considerably facilitate their task not only by virtue of the fact that the CEFL's in-depth and comprehensive comparative research is easily accesible but also because most of the rules have been drafted in a way legislatures normally consider to be appropriate.

Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses (7)

Lowe LLB (Sheffield) LLD (Cardiff), Nigel

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